THE CONSTITUTION

Strengths – Created a congress – Could declare war and make peace – Could coin and borrow money – Could deal with foreign countries and sign treaties – Set up post offices WHAT WAS WRONG WITH THE ARTICLES OF CONFEDERATION?

“We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States of America.” GOALS OF THE CONSTITUTION

SECTIONS OF THE CONSTITUTION SectionSubject PreambleStates the purpose of the constitution Article ILegislative Branch Article IIExecutive Branch Article IIIJudicial Branch Article IVRelations among the States and with the National Government Article VAmending the Constitution Article VINational debts, supremacy of national law, and oaths of office Article VIIRatifying the Constitution

Popular sovereignty-people are the source of any and all government power, and government can exist only with the consent of the governed Limited government- the government is restricted in what it may do, and each individual has rights that government cannot take away Judicial review- power of the courts to determine whether a law is in accord with what the Constitution provides BASIC PRINCIPLES OF THE CONSTITUTION

Separation of powers- basic powers are distributed among three distinct and independent branches of government BASIC PRINCIPLES OF THE CONSTITUTION

Checks and balances- the three branches of government are each subject to a number of constitutional restraints by the other branches so that no one branch becomes more powerful BASIC PRINCIPLES OF THE CONSTITUTION

Federalism- division of power among a central (national) government and several regional (state) governments – National government is supreme BASIC PRINCIPLES OF THE CONSTITUTION

National government is a government of delegated powers- it only has those powers delegated (granted) to it in the Constitution Three types of delegated powers: – Expressed powers - those found directly within the Constitution – Implied powers- not expressly stated in the Constitution, but reasonably suggested or implied by the expressed powers – Inherent powers- powers belonging to the National government because it is the government of a sovereign state within the world community. Very few inherent powers Example- regulating immigration POWERS OF THE NATIONAL GOVERNMENT

Powers such as levying duties on exports or prohibiting the freedom of religion/speech/press/assembly are expressly denied to the National government in the Constitution Some powers are denied to the National government because the Constitution is silent on the issue Functions that are not intended to be carried out by the National government are denied to it POWERS DENIED TO THE NATIONAL GOVERNMENT

10 th amendment declares that the states are governments of reserved powers Reserved powers are powers that the Constitution does not grand to the National government and does not, at the same time, deny to the states States are also denied powers by the Constitution both expressly and inherently (just like the National government) STATE POWERS

Exclusive powers- powers that can be exercised only by the National government – Examples: Coin money Make treaties with foreign states Tax imports Concurrent powers- powers that both the National and the State governments possess – Examples: Collect taxes Define crimes and set punishments for them Claim private property for public use EXCLUSIVE AND CONCURRENT POWERS

THE SUPREME LAW OF THE LAND The Constitution of the United States is the “supreme law of the land” – In conflicts between state and federal government, federal law U.S. vs. Locke (2000) – Supreme Court unanimously held that federal commerce laws override state and local interstate commerce laws.

THE NECESSARY AND PROPER CLAUSE